'SeaWorld's whales are NOT slaves': Judge throws out PETA lawsuit saying the 13th amendment only applies to humans

By EMILY ALLEN

Slave: Tillikum, the orca which killed trainer Dawn Brancheau in 2010, was one of five whale plaintiffs in the case against SeaWorld

A court has thrown out a legal bid to free whales from SeaWorld by campaigners claiming they are enslaved.
People for the Ethical Treatment of Animals (PETA) claimed that five killer whales at the San Diego SeaWorld are treated like slaves because they are forced to live in tanks and perform daily.
But a federal judge yesterday dismissed the lawsuit saying the 13th amendment - which outlaws slavery and involuntary servitude - applies only to humans.

Cruelty: The lawsuit claimed that the whales are forced to perform against their will and are treated like slaves

U.S. District Judge Jeffrey Miller had become the first judge in history to listen to the arguments in court over the possibility of granting constitutional rights to the group of orcas, Fox News said. The five whales – Tilikum, Katina, Corky, Kasatka, and Ulises – had been named as the plaintiffs in the case. Attorney Jeffery Kerr represented them and argued that SeaWorld was violating their 13th amendment.
SeaWorld's attorney Theodore Shaw called the lawsuit a waste of the court's time and resources.

Giving a voice: Jeffrey Kerr, general counsel for PETA, represented the five orcas in the case

He said it defied common sense and went against 125 years of case law applied to the Constitution's 13th amendment that prohibits slavery between humans.
'With all due respect, the court does not have the authority to even consider this question,' Mr Shaw said, adding later: 'neither orcas nor any other animal were included in the 'We the people' ... when the Constitution was adopted.'
The company denied any mistreatment of the animals and said it rescues orcas injured in the wild.
Legal experts said the case opened the debate on the possibilities of increasing the rights of animals.

Fish tale: SeaWorld's lawyer said the case was a waste of time, as they said the 13th amendment applied to people only

Mr Kerr said the organisation did not intend to give up its fight to protect the whales. He said in a statement yesterday: 'Today's decision does not change the fact that the orcas who once lived naturally wild and free, are today kept as slaves by SeaWorld. 'PETA will regroup and determine how to continue to work for the legal protection they deserve.'
Earlier this week Mr Kerr said: 'This case is on the next frontier of civil rights'.

source: dailymail